SAGINAW, MI — A Saginaw man who ran from police after they responded to a “shots fired” call will stand trial on a felony charge, a judge has ruled.

After reviewing written arguments from prosecutors and a defense attorney, Saginaw County Chief District Judge M. Randall Jurrens on Aug. 7 bound Cory K. Estes over to Circuit Court for trial on a charge of resisting and obstructing a police officer.

In making his decision, Jurrens ruled that police acted lawfully when they arrived at 1121 Essling about 1 a.m. June 3, and he rejected the argument of Estes' attorney, James Hession, that Estes was exercising his common law right to disobey unlawful police commands.

Jurrens wrote that Michigan State Police Trooper Tim Larrison testified at Estes' June preliminary hearing that Larrison and his partner, Trooper Ken Campbell, and Saginaw Police Officer Lamar Kashat arrived in the neighborhood at the same time after a “shots fired” report. When the officers arrived, they “observed a large, agitated group of people, which included a person later identified as (Estes).

“After making eye contact with Larrison, (Estes) began to walk away from the scene,” Jurrens continued. The three officers “pursued (Estes) on foot as he broke into a run, repeatedly calling out 'stop' and 'state police'” despite, the judge wrote, not having probable cause to believe he committed a crime.

The officers eventually caught up to Estes, tackled him to the ground, and wrestled with him before handcuffing him, Jurrens wrote. They arrested him on the resisting and obstructing charge as well as a subsequently discovered warrant, the judge wrote.

Hession argued that the officers had no lawful reason to require Estes to stop, Jurrens wrote.

In analyzing the law, Jurrens wrote that a 2012 Michigan Supreme Court decision “resurrected” the right of individuals to “resist unlawful arrests or other unlawful invasions of private rights.” Hession argued that the officers did not have reasonable or probable cause to believe Estes had committed a crime and, thus, Estes was entitled to “go on his way,” Jurrens wrote, quoting another Michigan Supreme Court decision.

“However,” Jurrens wrote, “this overlooks the larger picture:” that the officers were responding to a “shots fired” dispatch “with obvious implications;” that they had no victim, suspect, witness, or other information; and that a “large, agitated crowd had assembled."

"Under the circumstances,” the judge continued, “the police had a duty to secure and maintain the crime scene, determine what was at issue, and conduct an investigation.”

Because the circumstances were appropriate, Jurrens wrote, an investigatory stop was appropriate.

“Under the totality of the circumstances, the court is satisfied this is not a case of (Estes) exercising his right to decline a consensual citizen-police encounter,” Jurrens wrote. “Rather, (Estes') presence at the scene of a reported shooting, coupled with his unprovoked flight from uniformed officers, gave sufficient justification to briefly, forcibly detain him.”

With the officers acting lawfully, Jurrens then examined whether their testimony provided enough probable cause to bind Estes over for trial.

“Whether 'obstructing' by failing to heed lawful police commands or 'resisting' by active opposition once lawfully seized, there is probable cause to believe (Estes) violated (the law),” Jurrens wrote.

The charge, a felony, carries a maximum penalty of two years in prison. A trial before Circuit Judge James T. Borchard was pending.

— Andy Hoag covers courts for MLive/The Saginaw News. Email him at ahoag@mlive.com or follow him on Twitter @awhoag